BILL ANALYSIS                                                                                                                                                                                                    




            SENATE REVENUE & TAXATION COMMITTEE

            Senator Lois Wolk, Chair

                                                     SB 1337 - Wyland

                                          Introduced: February 19, 2010

                                                                       

            Hearing: April 14, 2010                        Fiscal:  Yes




            SUMMARY:  Repeals 10% Wage Withholding Increase

                 EXISTING LAW requires the Franchise Tax Board (FTB) to  
            annually provide to the Employment Development Department  
            (EDD) wage withholding tables for employers to use when  
            calculating employee withholding.  Taxpayers reconcile  
            withholding amounts with actual tax due when they file tax  
            returns, usually receiving a refund if withholding exceeds  
            tax, and remitting a payment when tax due exceeds  
            withholding.  The Legislature increased the wage  
            withholding tables by 10% beginning on November 1, 2010  
            (ABx4 17, Committee on Budget).

                 THIS BILL repeals the 10% wage withholding effective  
            January 1, 2011.  


            FISCAL EFFECT: 

                 According to FTB, SB 1337 results in revenue losses of  
            $1.4 billion in 2010-11, $160 million in 2011-12, and $70  
            million in 2012-13.


            COMMENTS:

            A.   Purpose of the Bill

                 SB 1337 will eliminate the 10% interest-free loan  








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            enacted under ABX4 17.  The increased withholding amounts  
            to a forced interest-free loan from taxpayers to the State  
            of California. Californians are already combating some of  
            the highest taxes in the country and in this dire economy,  
            the last thing people need is government taking even more  
            from their wallets.  Lawmakers need to stop these budgeting  
            gimmicks that further burden Californians and instead spend  
            their time crafting an environment that will help create  
            jobs and grow the economy. 



            B.   Taking the Under

                 To partially address the state's fiscal difficulties,  
            the Legislature increased tax withholding last year in ABx4  
            17.  While changing withholding does not change the tax  
            rates, bases, or computations, the measure did reduce the  
            take-home pay of most wage earners in California.  However,  
            ABx4 17 was not solely a fiscal management tool; instead,  
            the Legislature was concerned about under withholding,  
            resulting in large tax bills when filing the return,  
            especially individuals with significant non-wage income or  
            income from a spouse.  EDD's form DE4 states that using the  
            same number from the federal withholding form, the W4, may  
            result in significant under withholding, although this risk  
            may be lessened given income tax increases effective for  
            the 2009 tax year which were enacted in February, 2009.  



            C.   Fighting the Law and Winning
                 While SB 1337 would repeal the increased withholding  
            for all Californians, individuals who believe that ABx4 14  
            resulted in over withholding can change their withholding  
            to more accurately reflect their tax   Taxpayers may  
            request Form DE4 from the employers, change their  
            withholding, and return the form to their employers, who in  
            turn submit it to EDD.  However, taxpayers may be subject  
            to a $500 fine if they lack reasonable basis for a  
            withholding that results in less tax being withheld than  
            that which is properly allowable.








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            Support and Opposition

                 Support:Howard Jarvis Taxpayers' Association, National  
            Tax Limitation Committee, California Small Business  
            Association



                 Oppose: None received.



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            Consultant: Colin Grinnell